Copy of Government Decree No. 112 of 30 August 2001; implementation date; whether the law concerns Romanian or the national borders of foreign countries [ROM41886.E]

The Romanian Government Ordinance 112/2001 (OUG 112/2001) was issued on 30 August 2001 (TTFSE n.d.) and entered into force on 11 September 2001 (COE Mar. 2003, 29). Claude Cahn of the European Roma Rights Center noted that a government ordinance is law unless the Romanian parliament later repeals its content (Balkan Human Rights List 29 Oct. 2001). On 29 April 2002, an amended text of this ordinance was approved by Romanian parliament as Law No. 252/2002 (COE Mar. 2003, 53 n24), which entered into force on 9 May 2002 (ibid., 29 n12;). Please find attached an English translation of the amended text of OUG 112/2001 that was approved as Law 252/2002 and published by the Council of Europe in the March 2003 Criminal Law Reform Against Trafficking in Human Beings (LARA Project) "Country Legislation Profile: Romania."

Article 1 of the law sanctions acts committed outside the country by Romanian citizens or stateless persons who reside in Romania regarding illegal entry or exit of foreign states and the unlawful crossing of foreign borders (COE Mar. 2003, 29 n12, 53; Romani CRISS 13 Oct. 2002, 6; APADOR-CH 2001; UN 29 July 2002, 34; ERRC 17 Dec. 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References


Association for the Defence of Human Rights in Romania - Helsinki Committee (APADOR-CH). 2001. Human Rights Developments in Romania The Activities of the Romanian Helsinki Committee (APADOR-CH) 2002 Report. http://www.apador.org/raporate/anuale/2001report.htm [Accessed 25 Aug. 2003]

Balkan Human Rights List. 29 October 2001. Claude Cahn. "Very Nasty Romanian Ordinance." (Message 2981) http://groups.yahoo.com/group/balkanhr/message/2981 [Accessed 25 Aug. 2003]

Council of Europe (COE). March 2003. "Country Legislation Profile: Romania." LARA Project - Criminal Law Reform Against Trafficking in Human Beings (LARA [2002]9 Erev) http://www.coe.int/T/F/Affaires_juridiques/Coop%C3%A9ration_juridique/Combattre_la_criminalit%C3%A9_%C3%A9conomique/Projet_LARA/LARA(2002)9Erev-Romania.pdf [Accessed 25 Aug. 2003]

European Roma Rights Center (ERRC). 17 December 2001. Roma Rights. No. 4. "Romania Adopts Measures to Stop Emigration." http://www.errc.org/rr_nr4_2001/snap3.shtml [Accessed 25 Aug. 2003]

Organization of Security and Co-operation in Europe (OSCE). 2 September 2002. "Fighting Against Trafficking in Human Beings in Romania." Country Reports Submitted to the Informal Group on Gender Equality and Anti-Trafficking in Human Beings. OSCE Human Dimension Implementation Meeting, September 2002. http://www.osce.org/odihr/documents/trafficking/crep_hdim2002.pdf [Accessed 26 Aug. 2003]

Roma Center for Social Intervention and Studies (ROMANI CRISS). 13 October 2002. "Repatriation of Romanian Citizens from Other States, During Month of October 2002." (Comité de soutien aux Roms de Montreuil) http://montreuil.rrom.org/Romani-Criss-report-on-Romania-repatriation.rtf [Accessed 25 Aug. 2003]

Trade and Transport Facilitation in Southeast Europe Program (TTFSE). n.d. "Emergency Ordinance No. 112 on August 30th, 2001, Approved by Law No. 252/2002." http://www.ttfse.org/DocumentView.aspx?id=161 [Accessed 26 Aug. 2003]

United Nations (UN). 29 July 2002. United Nations Development Programme. Early Warning Report Romania No. 5. http://earlywarning.undp.sk/Reports/index.cfm?page=Document&DocumentID=150 [Accessed 25 Aug. 2003]

Additional Sources Consulted


Internet sites, including:

Country Reports (2002-2003)

European Union Regular Report (2002)

Migration News

Migration News Sheet

Romanian Review

UNHCR

U.S. Committee for Refugees

World News Connection/Dialog

Attachment


Romania. 29 April 2002. "Emergency Ordinance No. 112/2001 Regarding the Sanctioning of Acts Committed Outside the Territory of the Country by Romanian Citizens or Stateless Persons Residing in Romania (30 August 2001). Text as Approved and Amended by Law No. 252/2002. Unofficial Translation by the LARA Project- Criminal Law Reform Against Trafficking in Human Beings, Council of Europe. "Country Legislation Profile: Romania." P. 53. http://www.coe.int/T/F/Affaires_juridiques/Coop%C3%A9ration_juridique/Combattre_la_criminalit%C3%A9_%C3%A9conomique/Projet_LARA/LARA(2002)9Erev-Romania.pdf [Accessed 26 Aug. 2003] Electronic Attachment

Romania. 29 April 2002. "Emergency Ordinance No. 112/2001 Regarding the Sanctioning of Acts Committed Outside the Territory of the Country by Romanian Citizens or Stateless Persons Residing in Romania (30 August 2001). Text as Approved and Amended by Law No. 252/2002. Unofficial Translation by the LARA Project- Criminal Law Reform Against Trafficking in Human Beings, Council of Europe. "Country Legislation Profile: Romania." P. 53. http://www.coe.int/T/F/Affaires_juridiques/Coop%C3%A9ration_juridique/Combattre_la_criminalit%C3%A9_%C3%A9conomique/Projet_LARA/LARA(2002)9Erev-Romania.pdf [Accessed 26 Aug. 2003]

EMERGENCY ORDINANCE N° 112/2001 REGARDING THE SANCTION OF ACTS COMMITTED OUTSIDE THE TERRITORY OF THE COUNTRY BY ROMANIAN CITIZENS OR STATELESS PERSONS RESIDING IN ROMANIA (30 AUGUST 2001) [*]
Referring to the punishment of some actions committed abroad by Romanian citizens or by persons without citizenship residing in Romania
According to the provisions of the article 114, paragraph (4) from the Constitution of Romania,
The Government of Romania adopts the present emergency ordinance.
Art. 1
(1) The entering or leaving a foreign state by the illegal passing of its borders, committed by a Romanian citizen or by a person without citizenship residing on the Romanian territory is considered as an offence and is punished with imprisonment from 3 months to 2 years.
(2) If the action that was mentioned in paragraph (1) was committed for the purpose of eluding the enforcement of a criminal sentence, the punishment is imprisonment from 6 months to 3 years.
(3) The attempt is punished.
Art. 2
(1) The action of the Romanian citizen or of the person without citizenship residing on the Romanian territory who recruits, guides or leads one or more persons for the purpose of the fraudulent passing of the frontier of a foreign state or who organises one or more of these illegal activities is considered as an offence and is punished with imprisonment from 2 to 7 years.
(2) The same punishment is applied for the recruitment of one or more persons for the purpose of the fraudulent passing of the frontier of a foreign state or the organisation of such activities committed on the Romanian territory by other persons than those referred to in paragraph 1.
(3) The attempt is punished.
Art. 3
The initiation or the establishment of an association for the purpose of committing the offence mentioned in art. 2 or the adhesion or support by any means to such an association is punished with imprisonment from 3 to 10 years.
Art. 4
The provisions of article 118 of the Criminal Code regarding confiscation of goods are applicable accordingly.
Art. 5
In the case of a Romanian citizen, convicted according to the provisions of the art.1-3, the issuing of his passport shall be rejected or by case, the right of using it shall be suspended for a period of 5 years.
Art. 6
The pursuit and the trial of the offences mentioned in the present normative act are performed urgently, according to the provisions from the Criminal Procedure Code referring to the pursuit and trial of some flagrant offences.
  • PRIME MINISTER
  • Countersigns:
Minister of Justice,
Bucharest, 30 August 2001, No. 112.
[*] Text as approved and amended by Law n° 252/2002 for the approval of the Emergency ordinance (dated 29 April 2002, published in the Official Gazette n° 307/2002).